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Terms of Service

All listings published and content submitted to CheQQme Website are subject to the following listing and review policies and disclaimers.

Listings

It is important to us that we are able to maintain a comprehensive and accurate merchants and campaigns listing database in order to meet the needs of our users.

We do this by ensuring our best effort that the information published in our listings have been independently collected and compiled by our internal operation & marketing teams, and user communities from publicly available sources.

We try to ensure, using commercially reasonable efforts, that all information published in our sites are factually correct.

If you are a business who has not been listed in our merchants listing and would like us to include your business in our listings, or if you are a business that is currently listed and would like us to correct or update any inaccurate information, please contact us at [email protected].

Reviews

To facilitate the provision of objective and accurate reviews by our user community, we generally allow our users to freely share about their experiences as long as it meets our review policy and guidelines below.

If you are a business who has been reviewed and are of the view that any of the reviews submitted by our users are in any way inaccurate, unfair, objectionable or do not meet out review policy, you may respond as the business owner by using the merchant response function to respond publicly to the review or if this option not available for any reason, please let us know and we will assist you to respond to the user to verify his/her review. Please note that we will generally not entertain requests to remove negative reviews unless otherwise warranted by the circumstances.

All review content submitted to the Site is subject to the following review guidelines:

  • No posting of content, images or otherwise, that do not belong to you or that you do not have written authorization to use.
  • No posting of content relating to illegal activity, including but not limited to drug activity, pornography, underage drinking or smoking.
  • No attacks on race or religion.
  • No multiple identical postings.
  • No spamming and harassment of users.
  • No disparaging remarks about other users’ comments.
  • No seditious comments.
  • No use of any obscene or inappropriate language.
  • Be accurate in your description of your experience when writing your review. We do value reviews that are objective, provide details and give every user(s) in our community a good understanding of your experience with the business reviewed.
  • No abuse of merchants (including business owners and staff) will be allowed. Reviews are strictly prohibited from identifying business owners or staff by name, and are not allowed to harass, abuse, make false statements, defame, impersonate someone else or conduct anything illegal or otherwise objectionable content. In the event of any doubts on whether there are any violations on this front, we reserve the right to make the final decision on this and we may take action against this violation.
  • You must submit original reviews that represent your own experiences. All reviews found to be based on second-hand information, unverified information, rumours, reported opinions or reviews will be removed.
  • Any review that contain accusations of illegal activity, malpractice, health code violations (e.g. food poisoning) and false advertising will be removed from the Site.
  • Please follow all standard etiquette when writing your review. Do not write your review in CAPS. Excessive use of typographic symbols and slangs are also strongly discouraged.
  • Any review deemed to be off-topic may be removed. For instance, this would mean a food channel review that does not focus anything on the restaurants, their food, ambiance, service and value the restaurant provides.
  • We reserve the right to remove any review or merchant response immediately without prior notice.

The review posted on the Site are individual and highly subjective opinions. The opinions expressed in these reviews are those of our customers (merchants and users), and not that of CheQQme. We do not endorse any of the opinions expressed by reviewers or in merchant responses. Please note that our customers (merchants and users) also have the ability to flag suspected violations. All reviews and any other contributions that are in violation (or suspected violation) of this review policy will be removed. We also reserve the right to ban any merchant and user accounts that are used to commit violations.

1. Acceptance of Policy

1.1. The CheQQme website (the “Site”) and its search engine (collectively, the “Platform”) is provided by CheQQme Sdn Bhd (“CheQQme”).

1.2. These terms and conditions (collectively, the “Terms”) constitute a legal agreement between yourself and CheQQme governing your registration as a User and your access to and use of the Portal.

1.3. You acknowledge and agree that by accessing or using the site, you are indicating that you have read, understood and agree to be bound by these Terms.

1.4. CheQQme may modify these terms at any time at its sole discretion, and such modifications take immediate effect upon its posting on the Site. In addition, on an on-going basis, CheQQme may make changes and additions to the Site (Platform), including but not limited to new products, features, and functionalities. If CheQQme modifies these Terms, we will provide notice of the modifications to existing users via the Site (Platform). Your continued access to or use of the Site (Platform) is deemed as your acceptance of such modified terms.

2. Eligibility, Registration and Security

2.1. In order to use the Site (Platform), you must meet all the criteria set forth below in clause 2.2 including any amendment that CheQQme may make at its sole discretion.

2.2. You agree that throughout your use of the Site (Platform), you will comply with the following:

2.2.1. You are 18 years old and above or if you are less than 18 years old, you have obtained the necessary consent from your legal guardian(s); and

2.2.2. You are legally capable and permitted to accede to these Terms and to perform your obligations under these Terms.

2.3. To facilitate your use of some of the services within the Site (Platform), you are required to register or open an account as a User. When registering as a User, you are required to provide us with accurate, complete and updated registration information (including your Personal Information) to enable others, including CheQQme to identify you. To secure your Personal Information, access to your data on the Site (Platform) is password protected. Keep your login credentials or any personal account information relating to the Site (Platform) confidential. Your access to certain features of the Site (Platform) may be activated and authenticated by your login credentials. Emails and instant messaging, use of the review page and similar means of communication with other Users of the Site (Platform) may not be encrypted. Therefore, refrain from communicating any confidential information (such as personal credit card information, or passwords) through these means. You are authorized to access and use the Site (Platform) only for your personal and non-commercial use, except Merchants.

2.4. Upon learning that any person has acquired knowledge of your password or has used your password to access or use the Site or effect any transaction (whether with or without your knowledge and consent), you shall:

2.4.1. Immediately notify CheQQme thereof;
2.4.2. Immediately change the password;
2.4.3. Take such steps and measures as may be required by CheQQme to facilitate the investigation and/or prevention of any fraud or abuse of the user account; and
2.4.4. Provide CheQQme with any other information relating thereto as CheQQme may require.

2.5. CheQQme takes certain industry-accepted precautions to secure the Site (Platform) or portions thereof. However, you agree that such precautions do not guarantee that use of the Site (Platform) is invulnerable to all security breaches, nor does CheQQme make any warranty, guarantee, or representation that use of the Site (Platform) is protected from all viruses, worms, Trojan horses, and other vulnerabilities.

2.6. By means of Facebook Connect API, you may log in to the Site (Platform) using your Facebook or Google+ accounts. By accessing the Site (Platform) using your Facebook or Google+ account, you authorize us to

2.6.1. Retrieve the photo image, display name, and any other relevant information associated with your Facebook or Google+ account for display on the user’s profile section of the Site (Portal); and
2.6.2. Display posts within your Facebook or Google+ account to reflect any review, article or event you submit to the Site (Platform) so that your friends on Facebook or Google+ will be aware of your views.

Apart from the 2 activities described above, we do not otherwise retrieve or post any other information or data from or to your Facebook or Google+ account. Further, we shall not be responsible for any changes to the features, functionalities or terms that govern your Facebook or Google+ account as these are controlled by Facebook or Google (“the third party”), not us.

3. Privacy

3.1. You willing to provide us with certain personal information, which we collect in order to allow you to benefit from the Site (Platform). When you access the Site (Platform), we may collect the following information:

3.1.1. Personal Information – Personal information which is not limited to your name, contact number, gender, email address, postal code, mailing address and billing information. (“Personal Information”);
3.1.2. Cookies – We use cookies to collect, store and sometimes track information for statistical purposes to improve the services we provide and provide customizable services (“Non-Personal Information”);
3.1.3. Log information – Our servers logs may include information such as web requests, your interaction with a service, internet protocol address, browser type, browser language, the date and time of your enquiries and one or more cookies that may uniquely identify your browser or your account (“Log Information”);
3.1.4. Location Data – CheQQme may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (“Location Data”); or
3.1.5. Any other relevant information which CheQQme deems applicable in order to provide you with maximum customer experience of the Site (Platform).

3.2. If you have any hesitation about providing such information to be used in any manner permitted under these Terms, you should not access or use the App (Platform).

3.3. You agree and acknowledge that we may use the information we collect from you and disclose such information to CheQQme or any CheQQme Affiliates or third parties for the purposes of:

3.3.1. Monitoring your compliance with and enforcing any terms and conditions of use imposed by CheQQme;
3.3.2. Monitoring the use of, or planning, researching, designing, developing, market research, improving or marketing the Site (Platform) or any related service;
3.3.3. Unless you have requested otherwise, sending you periodic communications (by post, telephone, SMS, email, in Site push notifications) in relation to products, services, events and promotions;
3.3.4. Any investigation into, prevention of or taking of action in relation to illegal activities or suspected fraud; or
3.3.5. Complying with any applicable law or any order of court or law enforcement, governmental or regulatory agency, or rendering assistance to any such agency.

3.4. For the avoidance of doubt, usage of Personal Information as described above includes display in the public domain through the Site (Platform) to the extent that such Personal Information is configured in your account to be public.

3.5. Any information disclosed in the public areas of the Site (Platform) (such as Review Page, and/or fields in your account configured to be publicly accessible) become public information. You should exercise caution when disclosing your Personal Information in this way.

3.6. CheQQme requires its employees, resellers and ambassadors to perform their duties in a manner that is consistent with CheQQme’s legal responsibilities in relation to privacy.

3.7. CheQQme will take all reasonable steps to ensure that records containing Personal Information are stored in facilities that are only accessible by people within CheQQme and any CheQQme Affiliates who “needs to know” or as a “right to know”.

3.8. CheQQme will review, on a regular and ongoing basis, its information security practices to ascertain how on-going responsibilities can be achieved and maintained.

3.9. CheQQme offers an online profile page in the Site (on the Platform), where you can view, amend or update your Personal Information. This online profile page contains all your Personal Information collected and stored by CheQQme and is an exact representation of what CheQQme stores in its database.

3.10. CheQQme representatives will be the first point of contact for inquiries about privacy issues for CheQQme. Individuals wishing to make an inquiry or complaint regarding privacy should do so by sending an email to [email protected].

3.11. By providing your information to us, you consent us in transferring your information outside of Malaysia, countries where CheQQme and its related companies has/will set up data centres.

3.12. When you are making redemption for rewards, you may also be asked to provide your Personal Information to the redemption partner for the purpose of sending the rewards or vouchers for the rewards to you or to contact you for marketing purposes. You acknowledge that CheQQme will have no control over the use of the Personal Information that you provide to the redemption partners that all such Personal Information shall be provided at your own risk. If you have any hesitation about providing such Personal Information to the redemption partners, you should not participate in the reward redemption.

4. User Conduct, Representation and Warranties

4.1. User will be granted various rights and benefits in relation to the Site (Platform), including the right to utilize various services. You acknowledge and agree that CheQQme at its sole discretion may either provide the Site (Platform) to you on a free of charge basis or charge a fee for access to the Site (Platform), including but not limited to charges for unlocking new features on the Site, downloading the Site or upgrades to the Site; and different rights and benefits may be granted to different Users, as CheQQme may determine, at its sole discretion.

4.2. You represent and warrant that your access to and use of the Site (Platform) will not compromise the security or integrity of CheQQme’s systems, networks, or servers.

4.3. You understand that you are responsible for any content that you post or transmit on or through the Site (Platform) and agree not to cause, not knowingly allow others to cause, any nuisance, annoyance or inconvenience to CheQQme, its Affiliates or any of its customers or users of the Site (Platform) by your use of the Site (Platform)

4.4. You agree to use the Site (Platform) in a manner consistent with all applicable laws and regulations. Specifically, you as a user will not use the Site (Platform) to post, transmit, distribute, link to, or solicit content that:

4.4.1. Contains any advertising and promotional message;
4.4.2. Violates or infringes any applicable local laws, regulatory requirements or codes;
4.4.3. Infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
4.4.4. Contains any obscene, offensive, defamatory or otherwise actionable material;
4.4.5. Undermines the security or integrity of the Platform, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
4.4.6. Contains any errors, whether technical or otherwise;
4.4.7. Acknowledge and agree that only one (1) account can be registered per mobile device;
4.4.8. Agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
4.4.9. Shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service;or
4.4.10. Contains any material in any form that would otherwise render CheQQme liable or expose CheQQme to any proceedings whatsoever.

4.5. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the Content contained herein without CheQQme’ express written permission.

4.6. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site (Platform), or to impose an unreasonable or disproportionately large load on the servers serving the Site (Platform).

4.7. CheQQme shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Site (Platform) without reference to you. Without limiting the foregoing, CheQQme reserves the right to remove or alter any content that violates these Terms or is otherwise objectionable.

4.8. To assist us with moderation of content, we have provided you with red flag that will prompt you with “Report Abuse” page which is available in “Merchant Profile” page, “Merchant Review” page, “Photo Gallery” page so that you may activate them to inform us of any objectionable content. Upon receipt of your report, we shall review the relevant abuse report as soon as possible and moderate the content as we may deem appropriate.

4.9. The listing of any prohibited activities above is not exhaustive. CheQQme reserves the right to determine that any conduct that is or could be harmful to the Site (Platform), our servers, or use of the Site (Platform) by users, is in violation of these Terms and to exercise any or all of the remedies contained in these Terms.

5. Content Posted or Submitted to CheQQme

5.1. You agree to grant to CheQQme a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform ant materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Site (such as Merchant Review page, User Profile page or any other features that allow users to post information that will be accessible by the public or the user population generally) by all means and in any media now known or hereafter developed. You also grant to CheQQme the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against CheQQme for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

5.2. Except for any information which we have expressly agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Site, the Site, via email or howsoever otherwise whether in human or machine readable form, will be treated as being non-confidential and non-proprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you submit on the Site for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

6. Postings by Third Parties and Hyperlinks to Third Party Websites

6.1. The Site may contain hyperlinks to other websites which are neither maintained nor controlled by CheQQme, or may contain content posted on or via the Portal by third parties. Therefore, CheQQme shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other websites, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content, whether in human or machine readable form, posted or contained in emails for howsoever otherwise transmitted or displayed via the Site, or arising from access to those websites. Use of the Site and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.

6.2. You acknowledge that CheQQme has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither can we be deemed to have endorsed the content.

6.3. Insofar as third party material, including without limitation news or other content feeds by third party content providers to the Site (“Third Party Material”) is published on or accessed through the Site, such Third Party Material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Third Party Material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use.

6.4. Neither the owner, publisher and/or broadcaster of such Third Party Material nor CheQQme will be held liable for any delays, inaccuracies, errors or omissions in the Third Party Material or in transmission or delivery of all or any part thereof or for any damages whatsoever. If any Third Party Material or part thereof is a newswire service providing newsfeeds to the Site, releases from subjects, individuals, groups or entities contained in its photographs, videos, graphics or textual quotations may not have been obtained.

7. Hyperlinks from Third Party Websites

7.1. You agree that caching, hyperlinking to, and the framing of the Site or any of CheQQme’s content are strictly prohibited.

7.2. CheQQme reserves all rights to disable any links to, or frames of any site containing inappropriate, indecent, defamatory, infringing, profane, obscene, or unlawful topics, materials, names, material or information that violates any written law in Malaysia, any applicable intellectual property, proprietary, privacy or publicity rights.

8. Intellectual Property Rights

8.1. Content (including, but not limited to, information, communications, software, images and sounds contained in or available through the Site) is provided by CheQQme, its content providers, third party licensors, which include end-users. The intellectual property rights to or over the content contained in the Site belong to CheQQme, its content providers and third party licensors, which include end-users. Insofar as said rights vest in CheQQme, all rights are reserved. The content of the Site cannot be reproduced, modified, distributed, transferred, republished, posted, downloaded or transmitted in any form or by any means, including but not limited to electronic, recording or photocopying without prior written permission of CheQQme. You agree that the material and content contained within or provided by the Site is for your own personal use only and may not be used for commercial purposes or distributed commercially.

8.2. Your access to or use of the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the logos, trademarks, trade names, appearing on the Site without CheQQme’s or the relevant third party’s prior written consent, as the case may be. You may not, without CheQQme’s or other relevant third party’s prior written consent, use any of such logos, trademarks, or trade names as a hyperlink to the Site or any other website.

8.3. You may not modify, decompile, disassemble, reverse engineer, translate or otherwise attempt to derive the source code for the computer systems and other technologies that operate the Site or create derivative works based on the Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, internal design, algorithms, organization or encryption devices of the Site’s underlying technology.

9. Disclaimer of Warranties

9.1. You expressly understand and agree that:

9.1.1. You assume total responsibility and risk for your use of the Site, and the Internet. CheQQme does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise, service or information provided through the Site or on the Internet generally, and CheQQme shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Site and any software made available on the Site are provided on an “as is” and “as available” basis.
9.1.2. CheQQme makes no warranty that:

9.1.2.1. The Site will meet your requirements or will always be accessible;
9.1.2.2. The Site will be uninterrupted, secure, error-free, timely or free from computer virus or any other invasive or damaging code;
9.1.2.3. The results that may be obtained from the use of the Site will be accurate, valid or reliable.
9.1.2.4. The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; and
9.1.2.5. Any error in the Site will be corrected.

9.1.3. Any content downloaded, uploaded or otherwise obtained through the use of the Site is done at your own risk and discretion. It is solely your responsibility to evaluate the accuracy, reliability and usefulness of all opinions, advice, recommendations, services, merchandise, rewards, prizes and other information provided through the Site or the Internet generally.

9.2. From time to time as CheQQme deems appropriate, CheQQme may award your account with credits, levels or badges (“Credits”) for certain actions that you perform on the Site. You acknowledge that such Credits do not constitute your property and are not transferable by operation of law or otherwise to any person or entity and cannot be transferred to any other account. We reserve the right to change, restrict, modify or disable the system for awarding Credits (the “Credit System”) and increase, reduce or terminate the number of Credits in your account at CheQQme’s sole discretion and without prior notice given to you.

9.3. Credits awarded may be applied towards the redemption of rewards from us or our partners (“Rewards”). Rewards are provided on an “as is” and “as available” basis and we do not warrant the availability or quality of any Rewards. The redemption of Credits for Rewards may be subject to additional terms and conditions, you are required to read and accept such additional terms and conditions before you redeem your Credits for Rewards. Where Credits are redeemed for Rewards supplied by a third party partner, CheQQme may act as an intermediary between you and the third party. We will use reasonable endeavours to ensure such Rewards are supplied by the third party but shall not responsible for any failure or delay by a third party to supply such Rewards. We reserve the right to change, restrict, modify or cancel /disable any Reward or the system for redemption of Rewards (the “Reward System”) at CheQQme’s sole discretion and without prior notice given to you.

9.4. All the redemptions must be redeemed within the campaign period or otherwise defined Merchants. Failure to redeem these rewards within the given time will result in the expiration of these Credits.

9.5. All Credits earned are not transferable to any other user or other user’s account and are not exchangeable for cash.

9.6. From time to time as we deem appropriate, we may allow access to or advertise certain third party product or service providers (“Merchants”) from whom you may purchase certain goods or services. Transactions for these goods and services may or may not be concluded on the Site. You understand that we do not operate or control the products or services offered by these Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants and will not be liable or held responsible for any rights and obligations between you and the Merchants.

10. Indemnity

10.1. You agree to indemnify, defend and hold harmless CheQQme, its directors, officers, employees, resellers, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, occasioned by or howsoever arising out of your use of the Site, your access or connection to the Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with CheQQme or your use of the the Site. CheQQme reserves the right to assume the defence and control of any matter subject to your indemnification, in which event you will cooperate with CheQQme in asserting any available defences.

11. Limitation of Liability

11.1. CheQQme does not assume any legal liability or responsibility for the accuracy, reliability, or usefulness of any information, apparatus, product or process disclosed on the Site, or other content accessible from the Site. In no event shall CheQQme be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contact, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Site, delays, inaccuracy or errors in the information or in the transmission of the Site, or any information or transactions provided on or over the Site, or downloaded or hyperlinked from the Site, or display of the content on the Site, even if CheQQme has been advised of the possibility of such damages.

11.2. If you are dissatisfied with any portion of the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.

12. General

12.1. Your access to our use of the Site, as well as these Terms shall be governed by, and construed in accordance with Malaysia laws and you agree to submit to the exclusive jurisdiction of the Malaysia courts.

12.2. CheQQme’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

12.3. If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

12.4. These Terms are for the benefit of CheQQme and its directors, officers, employees, resellers, suppliers, licensors, agents, and any third party content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

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